04/02/2020
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voting remained the same. Accordingly, pursuant to Rule 56, Section 7 of the Rules
of Civil Procedure, the petition is DISMISSED.
Attached hereto and made integral parts thereof are the separate opinions of
Justices Puno, Vitug, Kapunan, Mendoza, and Panganiban.
SO ORDERED.
Davide, Jr., C.J., Bellosillo, Melo, Quisumbing, Pardo, Buena, Gonzaga-Reyes,
Ynares-Santiago, and De Leon, Jr., JJ., concur.
Puno, Vitug, Kapunan, Mendoza and Panganiban JJ., see separate opinion
[1] Rollo, p. 114.
[2] Petition, Rollo, pp. 16-23.
[3] Id. at 23-25.
[4] Section 1, Article III of the Constitution states:
"No person shall be deprived of
life, liberty or property without due process of law, nor shall any person be denied
the equal protection of the laws."
[5] Rollo, pp. 25-27.
[6] Id. at 27-28.
[7] Transcript of Stenographic Notes of the hearing held on April 13, 1999, pp. 5-6.
SEPARATE OPINION
PUNO, J.:
PRECIS
A classic essay on the utility of history was written in 1874 by Friedrich Nietzsche
entitled "On the Uses and Disadvantages of History for Life." Expounding on
Nietzsche's essay, Judge Richard Posner[1] wrote:[2]
"Law is the most historically oriented, or if you like the most backwardlooking, the most 'past-dependent,' of the professions. It venerates
tradition, precedent, pedigree, ritual, custom, ancient practices, ancient
texts, archaic terminology, maturity, wisdom, seniority, gerontocracy,
and interpretation conceived of as a method of recovering history. It is
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